Rights of working pregnant women. A list of benefits, benefits and services that a pregnant woman can receive free of charge. When can you go on maternity leave?

They tried to protect and secure women a little by giving them certain privileges. Although often, due to legal illiteracy, the majority simply do not know about some of them, and the employer is in no hurry to talk about it. Also, no one is in a hurry to hire a pregnant woman (although he has no right to refuse for this reason), because Pregnant women are no longer good employees (either on permanent pay or just for a scheduled appointment), and there is a lot of responsibility for them.

But, despite all the difficulties, a pregnant woman must know what she has the right to. The basic rules are spelled out in detail in SanPiN 2.2.0.555-96 “Hygienic requirements for working conditions for women” in section 4.

If a woman works in conditions that may be dangerous or difficult for her (and the baby), then she must be transferred to an easier job while maintaining the average wage. Such conditions include: heavy physical work, work with chemical and radioactive substances, contact with infectious diseases, etc. To do this, you must provide the employer with a certificate of your position and an application requesting a transfer.

Also, a pregnant woman has no right to be sent on various business trips, forced to work overtime, on weekends and night shifts. If you feel unwell (if you have a doctor’s certificate), it is possible to reduce the working day - wages are paid according to the time worked.

A pregnant woman also does not have the right to fire, with the exception of the complete liquidation of the organization. If a woman worked under a temporary employment contract, then it must be extended at her request.

Thus, pregnant women are indeed protected by law. But, unfortunately, if they do not work in government agencies (where everything is strict with this), a number of problems may arise. The impossibility of transferring to an easier job due to its absence or inadequacy of professional skills, the employer’s reluctance to keep on staff an employee who is constantly on sick leave (in case of constant threats), etc. All these issues can be resolved in court, but it is important for yourself to decide whether this will harm the health of the woman and her unborn child (since court cases can drag on for a long time, taking a lot of strength and nerves).

What payments and compensations are due to a working pregnant woman?

Women are required by law to go on maternity leave in the 7th month of pregnancy. And at the same time, they are entitled to benefits for 140 days (70 before childbirth and 70 after) according to their 100% salary. In case of complicated childbirth or the birth of several children, the leave increases to 156 and 194 days, respectively. This benefit is paid once (in some cases it may be divided into 2 parts). To receive this leave and benefit, a woman must bring a number of documents to her work (sick leave, leave application, application for leave).

After the end of maternity leave, a woman has the right to go on maternity leave for up to 3 years. At the same time, her work experience and place remain the same. For the first year and a half, she is paid in the amount of 40% of her salary (now the calculation according to the new rules is more complex - all income for 2 years is taken into account). Further, the leave will be unpaid (with the exception of preferential categories, including citizens affected by the BSEC). All documents for granting leave must be brought to your place of work (application, child’s birth certificate, copy of the passport and a certificate from the husband’s work stating that he does not receive anything, as well as documents confirming benefits, if they exist). And the benefit itself is awarded to you by the employer, and then the relevant authorities (FFS, Federal Treasury) compensate him for this.

If a company is liquidated while a woman is on maternity leave, she must provide all documents to the social security authorities in order to receive her benefits there.

After the child reaches 3 years of age, the woman has the right to return to her previous job. If she is replaced by another employee, her place must be returned or an alternative option offered.

The laws of the Russian Federation protect pregnant women and young mothers, although these laws are not always observed. Therefore, know your rights so that you can assert them and not allow yourself to be deceived.

It's no secret that in the early stages of pregnancy a woman experiences strong emotional changes. She often experiences mental discomfort when thinking about how to voice the news about an event to management and work colleagues, how to adjust to upcoming changes in her career, the financial component in terms of income and expenses. And if a woman is looking for a job, is it worth talking about pregnancy during interviews and can this fact influence the decision? We will try to answer these and other questions in this article.

Labor law in relation to women in “position”

How does labor legislation protect the rights of pregnant women at work? In Russia, the provisions of labor law in relation to women who need increased legal and social protection are aimed at promoting a smooth course of pregnancy and childbirth; they dispel their painful doubts about work, providing guarantees and privileges in relations with the employer. Benefits provided to pregnant women at work are regulated by a number of articles of the Russian Labor Code. In particular, these are articles 64, 70, 93, 96, 99, 122-123, 125-126, 254-255, 259-261, 298, etc.

Workplace for a pregnant woman: nuances

A ventilated room, calm, soft lighting, including natural lighting, optimal microclimate (air temperature, relative humidity), absence of changes in barometric pressure - these are just some of the basic conditions necessary for the expectant mother at her workplace for a smooth pregnancy. This should also include the lack of nearby innovative technical equipment, modern copying, duplicating office equipment, and PCs.

According to clause 13 of SanPiN 2.2.2/2.4.1340-03, working at a computer is contraindicated for a pregnant woman. If you cannot give up the computer in an office environment, then you should reduce the time spent in front of it to three hours per shift.

Is part-time work possible?

Labor law, if indicated and by agreement with the employer, provides a woman with the opportunity to carry out her official duties not for a whole working day (week), but for a shortened one. In this case, the work of pregnant women will be paid for the time actually worked or the amount of work performed. A reduction in working hours should not in any way affect vacation time, length of service, or insurance coverage.

How to behave at work if you need to visit doctors frequently?

The rights of pregnant women at work are protected even if they need to visit doctors during working hours. The law states that if a medical examination is necessary, which is mandatory and includes visits to doctors and laboratory diagnostic tests, a woman, if she has an appropriate certificate of pregnancy, should be given time to visit a antenatal clinic and an average salary should be paid. The employer does not have the right to oblige a pregnant woman to work, as well as to deduct the time of her absence from her salary in monetary terms.

Harmful production factors

The Labor Code of the Russian Federation states that in the presence of negative production factors, harmful and dangerous working conditions for the well-being of the woman and the health of the unborn baby, based on the conclusion of doctors, a pregnant woman has the right to send an application to the employer with a request to consider the possibility of reducing production and service standards or transferring her to a new one. work, so-called light work. If a lower-paid position appears, the resulting difference in the woman’s salary must be compensated. If it is necessary to wait for a position corresponding to her position, the employer must protect the pregnant woman from harmful factors while maintaining and paying her the average salary for all days of forced downtime.

The “Hygienic Recommendations for the Rational Employment of Pregnant Women,” adopted by the State Committee for Sanitary and Epidemiological Surveillance and the Ministry of Health of Russia in 1993, define a list of working conditions hazardous to women’s health. Among them: noise that does not meet the standards of dryness and humidity, contact with chemicals, toxins, aerosols, ionizing radiation, heavy lifting, prolonged work, for example, in a sitting position, etc.

Also, shifts, business trips, overtime, piecework, assembly line work, work at night, on weekends and holidays are contraindicated for pregnant women.

Guarantees regarding taking annual paid leave

The labor rights of a pregnant woman are also protected in terms of rest. Thus, the employer’s representative is prohibited from recalling a pregnant woman from vacation, even if there are good reasons for doing so. The right to rest for a pregnant woman cannot be compensated in monetary terms. If there is part of the leave, the expectant mother has the right to use it before she goes on maternity leave, regardless of the existing vacation schedule, and also if she has worked at the new place of work for less than six months.

Leave may be granted regardless of length of service in a given job immediately upon completion of maternity leave or parental leave. It may also be important for both parents that during the period the spouse is on maternity leave, the spouse has the right to apply for another paid leave, even if he works for less than six months.

Maternity leave

The rights of pregnant women at work are also protected in terms of providing days of rest before and after childbirth. All pregnant women are sent on maternity leave. It is 140 for normal obstetrics, 156 for complicated obstetrics, and 194 calendar days for mothers of twins or triplets. May be a direct continuation of annual paid leave without going to work. Subject to 100% prepayment in the form of social benefits, regardless of length of service. Further, the woman has the right to receive leave to care for the baby.

The issue of dismissal from work should be considered quite sensitive and “sick” for a pregnant woman. The Labor Code of the Russian Federation firmly guards the interests of the future woman in labor. In accordance with the labor guarantee, the employer does not have a direct opportunity to terminate either a fixed-term or an open-ended employment contract with a pregnant woman. A woman on maternity leave must retain her job with the calculation of her work and insurance experience.

The relationship between an employee and an employer under an open-ended employment contract causes less concern and is less painful. But the dismissal of a pregnant woman, whose fixed-term contract ends during pregnancy, on the initiative of the employer’s representative also cannot take place. The employer must extend the contract until the end of the pregnancy if there is a corresponding application and an official medical certificate, which serves as confirmation of the “interesting position”. The employer can request this certificate every three months. If the end of pregnancy is confirmed, the contract is subject to termination within a week.

In general, having a pregnancy certificate can play a decisive role in resolving a conflict situation. And if a pregnant woman assumes that there may be dissatisfaction with her at work, it is better in advance, as soon as she registers for maternity leave at a medical institution, to submit it to the personnel department for registration and receive a copy of the document with an acceptance mark.

To the question of whether a pregnant woman can be fired for failure to fulfill her official duties, the answer is also clear: “No!” The penalty may be deprivation of bonuses and allowances, but not dismissal. Article 261 of labor law on the prohibition of dismissal of pregnant women is of paramount importance compared to Article 81. In the case of mass or seasonal dismissal of workers, it is also impossible to lay off a pregnant woman! However, a pregnant woman has the right to write a letter of resignation on her own initiative.

Exceptions to the rules

The law allows you to fire a pregnant woman in the event of liquidation of an enterprise or closure of an individual entrepreneur. The second point is the completion of a fixed-term employment contract in cases of replacing an absent employee, for example, one on maternity leave. In this situation, the employer must offer the woman other vacancies, including lower paid ones, in another area that meet her qualifications and health. A pregnant woman may be fired if she refuses the options offered.

Rights of the expectant mother when applying for a job

What to do in situations when a woman, while looking for work, finds out about pregnancy? Based on the Labor Code of the Russian Federation, pregnant women have the full right to find a new job. If all qualification requirements are met, the employer's representative cannot refuse to hire a pregnant woman. A negative decision by the employer will be valid only in cases of non-compliance with the requirements or the presence of restrictions for job candidates. In cases of employment, no one has the right to ask a woman for certificates from doctors or receipts confirming the absence of pregnancy.

There is one more subtle point: when applying for a job, the concept of “probationary period” is unacceptable for pregnant women, in other words, it cannot be established! If the employer was not aware of the pregnancy and hired the woman for a probationary period, then he will not be able to fire her, even if the probationary period has not been completed.

If a pregnant woman does not have registration at her place of residence (stay) in the city (town) where the organization is located, this fact also cannot be a consequence of refusal of employment. The requirement of the employer’s representative to renew registration is also unlawful.

The rights of a pregnant woman are violated. What to do?

If a pregnant woman is faced with a violation of labor legislation, and the existing conflict has not been resolved peacefully, she has the right to contact the labor inspectorate or the courts, providing the necessary package of documents confirming the fact of the violation. In particular, the rights of pregnant women at work in terms of dismissal or refusal of employment are protected by the Russian Criminal Code.

As a result of court proceedings, the employer's decision may be declared illegal, he will be forced to pay a fine, compulsory work, and the woman will be restored to her rights.

A pregnant woman must carefully monitor her health and the health of her unborn baby. To do this, she must follow all the doctor’s instructions. Scheduled visits to the necessary doctors and passing prescribed tests must be carried out regularly and within the specified period. While on maternity leave, following instructions is not at all difficult. But what if it’s not time for maternity leave yet? How to properly take time off from work? Does the expectant mother have special rights in this matter?

Is an employer obligated to allow a pregnant woman to see a doctor during working hours?

In accordance with Article 254.3 of the Labor Code of the Russian Federation, pregnant women are entitled to certain benefits. The employer is obliged to provide them without delay if medical documents and the employee’s statement are available. A pregnant woman cannot be denied this right.

A pregnant woman can count on the following benefits:

• Transfer to light work.
• Reduced working hours.
• Going to the doctor and getting tested while maintaining your salary for the given period.
• Possibility of justified refusal to travel on business trips or for study.
• No work shifts at night, on weekends, or on holidays.
• Refusal to work overtime.
• Replacing the shift work method with a regular one.
• Vacation outside the established schedule.

The work schedule for pregnant women according to the 2018 Labor Code is drawn up on the basis of a medical report, the wishes of the employee and the capabilities of the employer.

Reducing working hours for pregnant women

Working hours for pregnant women are not strictly established. The Labor Code of the Russian Federation contains general recommendations for reducing work hours if there is an application from a woman. In the application, the woman indicates her desired work schedule.

An employee can apply for:

• Reducing the day by the required number of hours.
• Shortening the week by adding a day off.

Any of the selected options should be discussed with the head of the enterprise. The choice of the appropriate mode is possible only by mutual agreement.

Obtaining the right to part-time work is possible in the following ways:

• Attending a medical consultation.
• Getting examined by a doctor.
• Obtaining a health certificate.
• Drawing up a statement to the employer.
• Signing the order issued by the manager.
• Familiarization with the additional agreement to the contract.

Working hours can be reduced for any necessary period.

Rules for visiting a doctor by a pregnant woman during working hours

Pregnancy imposes obligations on the employee to regularly visit doctors. When being seen at a government consultation, you cannot expect that appointment times will be scheduled on weekends. A reasonable question arises: how can a pregnant woman go to the doctor during working hours?

The law provided for this need and obligated the employer not only to let the employee go to visit the doctor, but also to pay for these hours or days at the average rate. An employee may leave for an appointment even without prior warning. This failure to appear cannot be considered absenteeism if a doctor’s certificate confirming his visit is provided.

Taking tests for a pregnant woman during working hours

Medical examination of pregnant women during working hours is provided for by the Labor Code of the Russian Federation. The frequency of doctor visits for laboratory examinations is indicated in the 2006 Order of the Ministry of Health and Social Development of the Russian Federation.

The order establishes the following minimum indicators:

• Examinations by an obstetrician-gynecologist – 10 times.
• Appointment with a therapist – 2 times.
• Oculist – 1 time.
• Otolaryngologist – 1 time.
• Dentist – 1 time.

The indicated number of visits to the obstetrician-gynecologist is implied throughout the entire period of pregnancy. The countdown begins from the day a pregnant woman registers. The number of laboratory tests ordered is not limited by numbers. Tests should be taken at the request of an obstetrician-gynecologist or therapist.

If there are complications in the health of the woman or the fetus she is carrying, recommended visits may be increased. A visit to an ophthalmologist, otolaryngologist and dentist is established at the first visit to a gynecologist and is one-time. Days spent taking tests are paid according to the average daily earnings.

How is the working time of pregnant women recorded?

Recording the working time of a pregnant employee is of a special nature. Since days of absence from work due to a trip to the gynecologist are subject to payment at different rates. The report card provides a special code to indicate days of absence from work due to laboratory tests or medical examinations. The marked days are paid based on the calculated average income for 2 years.

Last update: 03/07/2018

A pregnant woman can become a burdensome “burden” for the employer, because she will have to keep her job during maternity leave, pay for vacation and make other payments provided for by law. All this is unnecessary hassle, and besides, finding a new employee who will agree to work temporarily is very difficult. Employers who are poorly informed about the nuances of labor legislation or are simply confident in their impunity decide that by firing such employees they will avoid many problems. However, in reality, they are creating new and much more serious ones... Let’s find out more about whether employers have the right to fire a pregnant employee in 2020, in what cases these actions will be legal, and how an expectant mother can protect her labor rights if they are violated Further.

Can a pregnant woman be fired from her job?

A pregnant woman cannot be dismissed at the request of the employer if the fact of her pregnancy is confirmed by a medical certificate. Even if pregnancy is obvious by external indicators, without documentary evidence, dismissal will not be considered illegal.

The Labor Code of the Russian Federation in Article 261 reflects the principled position of the legislator on this issue, suppressing self-will on the part of employers and thus protecting the rights of pregnant women.

However, an exception to this rule in the same article is the case of liquidation of the employer as such in the legal sense, that is:

• Complete liquidation of a legal entity (organization where a woman works);
• Termination of the activities of the individual entrepreneur who acts as her employer.

In this scenario, the employer may terminate the employment contract with the pregnant woman without her desire or consent.

In what cases is it permissible to dismiss pregnant women?

In order to fire a pregnant subordinate, the manager must not take the initiative. Dismissal at his request is a taboo. An acceptable basis may be a reason independent of the will of the employer (liquidation of a legal entity, termination of an individual entrepreneur, bankruptcy, etc.), as well as the initiative of a pregnant woman.

Dismissal upon liquidation of a legal entity or termination of an individual entrepreneur

Dismissal during the liquidation of a pregnant woman is regulated by Article 180 of the Labor Code of the Russian Federation. The employer must notify her that the company will be liquidated at least 2 months in advance. Not verbally, but always against signature.

If there is not a liquidation, but a change of owners (the company is bought out, it is transferred to other persons), the woman cannot be fired due to liquidation. By law, she must continue to work under new management, unless, of course, she herself wants to quit.

• They are entitled to severance pay in the amount of average monthly earnings;
• They receive compensation for unused vacation;
• They retain their salary for two months;
• Wages are calculated for the days actually worked in the current month.

According to paragraphs 10, 11 of Resolution No. 865 of December 30, 2006, maternity benefits after liquidation will no longer be paid by the employer, but by the social security department at the place of residence of the pregnant woman.

Dismissal at your own request

A woman in a position, in fact, like everyone working under an employment contract, can terminate it at any time by notifying the employer of her intention 2 weeks in advance.

In this case, the desire to quit must be your own, and not arise due to conditions intentionally created by the employer. The practice of managers blackmailing or creating unbearable psychological working conditions is quite common. In this case, the pregnant woman can complain to the State Inspectorate or the prosecutor's office, after which an inspection will be carried out. But the burden of proving that the application was written under duress at his own request rests with the person who resigned in accordance with Resolution of the Plenum of the Supreme Court of the Russian Federation dated March 17, 2004 No. 2 “On the application by the courts of the Russian Federation of the Labor Code of the Russian Federation”

The two-week period does not have to be completed if the woman is hospitalized for health reasons. That is, in essence, she is sent on sick leave, and the time of forced absence from work (sick leave, vacation) is counted towards this two-week period. Therefore, if in such a situation it is not possible to personally take the application to the employer, the pregnant employee can write a statement, and her relatives will send it by mail to the employer’s address.

That is, it is important that the paper is already on the employer’s desk during these 2 weeks while you are in the hospital. An oral statement that you may have made during a personal or telephone conversation with your employer does not count.

Please keep in mind that during the two-week period that must pass from the date of filing the application, the employer has the right to send the employee on leave. Then the amount of vacation pay during the calculation upon dismissal will be less.

Employees “in position” can withdraw their resignation letter before the expiration of the specified period - for them this is not fraught with any consequences.

Dismissal by agreement of the parties

An alternative to voluntary dismissal at the request of a pregnant employee may be termination of the contract with her by agreement of the parties.

The table will help you understand the difference between dismissal at the request of a pregnant woman and by agreement of the parties.

What is common between dismissal on these two grounds is that it is voluntary, and therefore does not contradict the Labor Code of the Russian Federation.

On the issue of dismissal of a pregnant woman by agreement of the parties, there is a Ruling of the Supreme Court of the Russian Federation dated 09/05/2014 N 37-KG14-4. According to its provisions, it can be concluded that a woman who signed a dismissal agreement between the parties, who did not know about her pregnancy at that time, can send an application to the employer to invalidate the agreement due to a significant change in circumstances (pregnancy), if the day of dismissal indicated has not yet arrived in the agreement.

Dismissal from a temporary position (under a fixed-term employment contract)

Article 261 of the Labor Code of the Russian Federation allows the dismissal of a pregnant woman working under a fixed-term employment contract if the following conditions are met:

1. The employment contract was concluded for the duration of the duties of the absent employee.
2. It is impossible, with the written consent of the woman, to transfer her to another job available to the employer that is suitable for her health before the end of her pregnancy.
3. The employer offered her all available jobs in the area.
4. The pregnant woman refused to be transferred to a vacancy in another area.

When considering a specific situation, ALL conditions must be met in order for dismissal from a maternity position (and most often fixed-term employment contracts are concluded precisely for the duration of another employee’s maternity leave) to be considered legal.

In other cases, the employer does not have the right to dismiss a pregnant woman from her maternity position. If a woman proves that she is carrying a child by providing a medical certificate, the employer MUST extend the fixed-term employment contract with her. Even if an employee goes on maternity leave, the pregnant woman must be assigned to another job. It is assumed that a transfer to a place with a lower salary is possible. In this case, the woman must decide for herself whether to remain in a position where they will pay less, or write an application of her own free will.

Is it possible to be fired under an article?

Labor legislation does not contain such wording as “dismissal under an article.” This is popularly understood as dismissal for committing a disciplinary offense, that is, in the course of imposing a disciplinary sanction, or due to professional incompetence.

An employer cannot fire a pregnant woman for absenteeism or other violations of labor discipline, but he has the right to impose one of the other penalties.

According to Art. 192 of the Labor Code of the Russian Federation, the following penalties may be applied to an employee:

• Comment;
• Rebuke;
• Dismissal.

Therefore, if a woman in a position violates labor discipline, she may be reprimanded or reprimanded. In addition, there are no restrictions on the deprivation of bonuses. Pregnant women may be deprived of bonuses at the discretion of the employer.

Is it possible to fire a pregnant woman during a probationary period?

Moreover, it is impossible to establish a probationary period for a pregnant woman in accordance with Article 70 of the Labor Code of the Russian Federation (if her pregnancy is confirmed by a certificate at the time of hiring).

Does an employer have the right to fire a pregnant woman before maternity leave?

A woman goes on maternity leave from the 30th week of pregnancy, that is, approximately in the 7th month. But her employer does not have the right to fire her before maternity leave, since pregnant women at any stage are equally protected by law from the moment they document the pregnancy.

Should pregnant women be afraid of layoffs?

Dismissal of pregnant women due to layoffs is impossible, since the Labor Code of the Russian Federation gives them immunity in this regard, and events unfold according to two scenarios:

1. The employer offers in return another position that is medically suitable.
2. If it is impossible to provide an alternative, the place is reserved for the pregnant woman.

That is, in any case, pregnant women do not face dismissal during layoffs: they are either offered a new position or the old one is retained.

Is it permissible to fire a pregnant woman working part-time?

There is an explanation from Rostrud on this matter in letter No. 2607-6-1 dated November 24, 2008. Summarizing its provisions, we can display a recommendation on this issue in the form of the following thesis:

The decision to dismiss an employee under the conditions provided for in Article 288 of the Labor Code of the Russian Federation is made by the employer. This is his right, not his obligation. Therefore, when hiring a new “permanent” employee instead of a pregnant part-time woman, it is the employer who initiates the termination of the employment contract. Article 261 of the Labor Code of the Russian Federation establishes a ban on the dismissal of pregnant women at the initiative of the employer, except during the liquidation of the organization and termination of the activities of the individual entrepreneur, which means that it is impossible to dismiss a pregnant part-time worker without his consent at the initiative of the employer.

If the pregnancy was hidden during employment

Many women are concerned about the question - if she got a job while already pregnant and kept silent about it, will she be fired when everything becomes clear.

According to Art. 64 of the Labor Code of the Russian Federation it is prohibited to refuse to conclude an employment contract to women for reasons related to pregnancy. This means that pregnancy is not a basis for refusal of employment. And if so, then even when the employer finds out and it’s too late, the woman cannot be caught in some kind of deception and fired for this, since she is not obliged to inform him.

What to do if an employer violates the labor rights of a pregnant woman?

Despite the guarantees for pregnant women enshrined in the Labor Code of the Russian Federation, cases of unjustified dismissals are not that uncommon.

An employee can appeal the employer's actions to:

• State Labor Inspectorate;
• Prosecutor's Office;

Unjustified dismissal of a pregnant woman threatens the employer with administrative and even criminal liability:

• According to Article 5.27 of the Code of Administrative Offenses of the Russian Federation, a fine of 1,000 to 5,000 rubles for officials and individual entrepreneurs, as well as from 30,000 to 50,000 for legal entities.
• In accordance with Article 145 of the Criminal Code of the Russian Federation, a fine of 5,000 to 200,000 rubles or in the amount of salary/income for 18 months or compulsory work from 60 to 360 hours.

The employer is brought to administrative responsibility by the State Inspectorate, and if necessary, transfers the inspection materials to the prosecutor's office in order to bring the culprit to criminal liability. But this procedure is not mandatory - the victim can herself contact the prosecutor’s office with a complaint.

In addition, she has the right to file a lawsuit against the employer, where, of course, her violated rights will be restored:

1. She will be reinstated in her position, and may require the issuance of a duplicate work book, which will not contain a record of dismissal.
2. She will be paid compensation for her forced absence.
3. The employer will have to compensate for moral damage if it is proven.

According to Article 393 of the Labor Code of the Russian Federation, an employee is exempt from paying state duty when defending labor rights in court.

If you have questions about the topic of the article, please do not hesitate to ask them in the comments. We will definitely answer all your questions within a few days.

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Russian and international legislation provides for special legal relations between employers and women expecting babies. The law unconditionally takes the side of pregnant women. Even under the most difficult circumstances, providing benefits and social benefits to such employees is the responsibility of any manager. The goals of this direction:

• provide gentle . The physical, emotional and mental stress of pregnant women is transferred to the unborn child. The International Convention on Maternity Protection (1952) obliged the governments of signatory countries
• ensure acceptable working conditions;
• protect women from discrimination. It is often unprofitable for an enterprise to support expectant mothers. The return from an employee’s work is decreasing, intense physical work is not available to her, and creating special working conditions is troublesome. Not every leader adheres to high moral and ethical standards. To avoid temptation, the law contains prohibitions on actions of this kind.

The rights of expectant mothers at the place of work are stipulated in many articles of the Labor Code of the Russian Federation.

Dear readers! Each case is individual, so check with our lawyers for more information.Calls are free.

Rights when hiring

Potential employers are usually not interested in hiring pregnant women.

However, notify about your position (write receipts, provide certificates) applicants for a vacant position are not required. The decision should be made only on the basis of the candidate's suitability for business requirements.

Even if the vacancy is included in the list of professions with mandatory completion, a doctor’s certificate is not one of the documents that must be presented when applying for employment. for reasons related to her position (Article 64 of the Labor Code of the Russian Federation) is unlawful.

If hiring for a position requires a probationary period, it does not apply to pregnant women..

Working conditions

Which conditions are considered normal and which are not? They depend on the degree of physical activity and on the location of the workplace.

Difficult conditions:

• lifting and carrying objects heavier than 2.5 kg and more often 2 times an hour when alternating with other operations;
• constant lifting and carrying objects heavier than 1.25 kg;
• moving objects per hour with a total weight of more than 60 kg at a distance of up to 5 meters and at table level;
• moving objects with a total weight of more than 480 kg per shift at table level;
• lifting objects from the floor, working with a forced posture on knees, squatting, with an inclination of more than 15 degrees or constant raising of the arms;
• work on a conveyor belt, on pedal-controlled equipment.

Harmful conditions:

Mechanized work is allowed, walking up to 2 kilometers per shift, visual strain on objects larger than 5 millimeters with visual strain no more than 25% of the working time. Similar operations cannot last less than two minutes, and the number of such operations per shift cannot be less than 10. The workplace must exclude:

1. working in one position or “on your feet” during the day;
2. placement on a stool without a back or with other violations of the ergonomics of space, etc. (other parameters are contained in GOST 21.889-76).

Vacations

Maternity leave, issued by a medical institution in the form of a certificate of incapacity for work, is provided to working pregnant women at the expense of the Social Insurance Fund.

Its duration depends on the number of babies and complications during childbirth. The typical duration of such leave for the successful birth of one child is 140 days (ten weeks before and after birth).

At the initiative of the employer, according to Article 261 of the Labor Code of the Russian Federation, it is generally impossible to fire a pregnant woman. Even if the employment contract with her is of a fixed-term nature, it is extended until the end of the pregnancy. Moreover, once every three months the employer has the right to request a certificate of continuation from the antenatal clinic.

The only case when dismissal is possible is in the event of liquidation (closing) of an organization or termination of an individual enterprise (Article 261 of the Labor Code of the Russian Federation).

A woman, regardless of whether she has taken maternity leave or not, will receive severance pay on an equal basis with others. If before the start of the maternity leave, the benefits will be paid by the social protection authorities.

The court is not the only instance where the problems of pregnant women are resolved.

If an appeal to the immediate supervisor and the head of the enterprise did not help the expectant mother, there is also a commission for labor disputes, the State Labor Inspectorate, and the prosecutor's office.

It is important to properly document the application (put a secretary’s note on the copy to register the application) and attach a copy of the doctor’s certificate.

The protection of motherhood and childhood is a humanitarian task, supported at all levels of civilized society. Knowledge of legislation in the field of the rights of expectant mothers and future babies will help both the mothers themselves and their leaders.